(a)(1) In this section the following words have the meanings indicated.
(2) “Midwife” means a registered nurse certified as a nurse-midwife or a licensed certified midwife.
(3) “Nurse practitioner” means a registered nurse who is:
(i) Certified as a nurse practitioner; and
(ii) Authorized to prescribe drugs under regulations adopted by the Board.
(4) “Personally prepare and dispense” means that a nurse practitioner:
(i) Is physically present on the premises where the prescription is filled; and
(ii) Performs a final check of the prescription before it is provided to the patient.
(5) “Starter dosage” means an amount of drug sufficient to begin therapy:
(i) Of short duration of 72 hours or less; or
(ii) Prior to obtaining a larger quantity of the drug to complete therapy.
Starter dosages
(b) A nurse practitioner or midwife may personally prepare and dispense a starter dosage of any drug the nurse practitioner or midwife is authorized to prescribe to a patient of the nurse practitioner or midwife if:
(1) The starter dosage complies with the labeling requirements of § 12-505 of this article;
(2) No charge is made for the starter dosage; and
(3) The nurse practitioner or midwife enters an appropriate record in the patient's medical record.
Facilities covered by section
(c) In accordance with the provisions of subsection (d) of this section, a nurse practitioner may personally prepare and dispense any drug that a nurse practitioner may prescribe to the extent permitted by law in the course of treating a patient at:
(1) A medical facility or clinic that specializes in the treatment of medical cases reimbursable through workers' compensation insurance;
(2) A medical facility or clinic that is operated on a nonprofit basis;
(3) A health center that operates on a campus of an institution of higher education;
(4) A public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds; or
(5) A nonprofit hospital or a nonprofit hospital outpatient facility as authorized under the policies established by the hospital.
Dispensing requirements
(d) A nurse practitioner who personally prepares and dispenses a drug in the course of treating a patient as authorized under subsection (c) of this section shall:
(1) Comply with the labeling requirements of § 12-505 of this article;
(2) Record the dispensing of the prescription drug on the patient's chart;
(3) Allow the Office of Controlled Substances Administration to enter and inspect the nurse practitioner's office at all reasonable hours; and
(4) Except for starter dosages or samples dispensed without charge, provide the patient with a written prescription, maintain prescription files, and maintain a separate file for Schedule II prescriptions for a period of at least 5 years.
Credits
Added by Acts 1993, c. 454, § 1, eff. Oct. 1, 1993. Amended by Acts 2003, c. 252, § 10, eff. July 1, 2003; Acts 2010, c. 77, § 1, eff. Oct. 1, 2010; Acts 2010, c. 78, § 1, eff. Oct. 1, 2010; Acts 2017, c. 62, § 1, eff. April 11, 2017; Acts 2022, c. 135, § 1, eff. April 12, 2022; Acts 2023, c. 367, § 1, eff. Oct. 1, 2023; Acts 2023, c. 368, § 1, eff. Oct. 1, 2023.
MD Code, Health Occupations, § 8-508, MD HEALTH OCCUP § 8-508
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
